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Judgment
21 paragraphs · 343 wordsArvind Singh Sangwan, J
The petitioner prays for grant of anticipatory bail in FIR No.545 dated 22.07.2020, registered under Sections 21(b) of the NDPS Act at Police Station
HTM Hisar, District Hisar.
The operative part of the order dated 14.09.2020, vide which interim anticipatory bail has been granted to the petitioner, is reproduced as under:-
“....Case is being taken up for hearing through Video Conferencing due to the outbreak of Covid-19 pandemic.
Learned counsel contends that the alleged recovery from co-accused, Joginder Singh alias Fauji, was of 10 grams of heroin and that the
petitioner has been implicated in the aforementioned FIR on the basis of disclosure statement suffered by said co-accused.
Notice of motion.
Mr. Surender Singh, Asstt. AG, Haryana, accepts notice on behalf of the respondent-State and prays for an adjournment to argue the case.
List on 26.10.2020.
In the meantime, the petitioner is directed to join investigation within one week and fully cooperate with the police. However, in the event of
arrest, the petitioner be released on ad-interim pre-arrest bail subject to his furnishing bail bonds to the satisfaction of the Arresting /
Investigating Officer. The petitioner shall abide by the terms and conditions enumerated under Section 438(2) of Cr.P.C., failing which, the interim
protection granted to the petitioner, shall stand vacated....â€
Counsel for the petitioner has submitted that, in pursuance to the order dated 14.09.2020, the petitioner has appeared before the Investigating Officer
and has joined the investigation. It is further submitted that the petitioner is on bail in another FIR, which is of similar nature.
This fact is not disputed by counsel for the State as per the affidavit of the Assistant Superintendent of Police, Hisar.
Counsel for the State further, on instructions from the Investigating Officer, has not disputed the aforesaid fact and submits that the petitioner is no
more required for further investigation.
In view of the above, this petition is allowed and the interim bail granted to the petitioner vide order dated 14.09.2020 is made absolute subject to the
conditions envisaged under Section 438(2) Cr.P.C.